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Paul v. Smith, Gambrell & Russell

The trial court properly found that the plaintiffs' legal malpractice action was dismissed by operation of law because more than five years had elapsed since entry of the last order in the case.

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This is the third appeal arising out of a legal malpractice action that Appellants G. Douglas Paul, Sharon V. Paul, Catspaw Productions, Inc., Catspaw, Inc., Atlanta Catco, Inc., and Recording Studio, Inc. commenced against Smith, Gambrell & Russell “Smith Gambrell” in 2002. See Paul v. Smith, Gambrell & Russell, 267 Ga. App. 107 599 SE2d 206 2004 “Paul I”; Paul v. Smith, Gambrell & Russell, 283 Ga. App. 584 642 SE2d 217 2007 “Paul II”. In Paul II, the parties filed cross-appeals from the trial court’s April 11, 2005 order granting in part and denying in part Smith Gambrell’s second motion for summary judgment. 283 Ga. App. at 584-585. For the next five years after the April 11, 2005 order, no written order was entered in the trial court. On July 12, 2011, the trial court entered an order memorializing the automatic dismissal of the case pursuant to OCGA § 9-2-60 b and 9-11-41 e, concluding that more than five years had elapsed since the last order was entered in the case. On appeal, Appellants argue, among other things, that the five-year period was tolled during the pendency of the cross-appeals in Paul II. Finding this and Appellants’ other arguments unavailing, we affirm.

This appeal presents a question of law subject to de novo review. See Jinks v. Eastman Enterprises, Inc., 317 Ga. App. 489, 489-490 731 SE2d 378 2012.

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